HomeMy WebLinkAboutMiscellaneous - 336 CANDLESTICK ROAD or
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310 CMR 10.9 9 ►y DF3 File No. 242-646
Form 8
111 412 ` (To be provided by DEP)
aty/r,,. North Andover
Lot 43A Candlestick Road APPli—t Scott ri 1(a6
commonwealth
of Massachusetts PARTIAL
Certificate of Compliance
Massachusetts Wetlands Protection Act, G.L. c. 131, 540
From North Andover Conservation Commission Issuing Authority
TO John M^Arlan 3.36 Candlestirk Road N AndavPr, MA 01845
(Name) (Address)
Date of Issuance November 3,
This certificate is issued for work regulated by an order of Conditions issued
to John M^rlrlan dated_2/11 /9l
and issued by the NACC
1. It is hereby certified that the work regulated by the above-referenced
Order of Conditions has been satisfactorily completed.
2. j It is hereby certified that only the following portions of the work
J� regulated by the above-referenced Order of Conditions have been
satisfactorily completed: (if the Certificate of Compliance does not
include the entire project, specify what portions are included. )
Lot 43A Candlestick Road ONLY.
3 . [] It is hereby certified that the work regulated by the above-referenced
order of Conditions was never commenced. The order of conditions has
lapsed and is therefore no longer valid. No future work subject to
'regulation under the Act may be commenced without filing a new Notice
of Intent and receiving a new order of conditions.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . .
Leave space Blank)
4. ❑ This certificate shall be recorded in the Registry of Deeds or the Land Court for the district in
which the land is located. The Order was originally recorded on (date)
at the Registry of , Book-, Page
5. D The following conditions of the Order shall continue: (Set forth any conditions contained to the
Final Order, such as maintenance or monitoring, which are to continue for a longer period.)
issued by
North Andover Conservation Commission
Signature(s) z�2
f.
0,1�014
A- ' ) � -
When issued by the Conservation Commision this Certifi ate must be signed bjy a�majority of is members.
On this 3 td day of , 19 . before me
personally appeared ,to me known to be the
person described in and who executed the foregoing instrument and acknowledged that he/she executed
the same as his/her free act and deed.
Notary Public My commission expire
Detach on dotted line and submit to theNorth Andover Consrvation Commission
............................................................................................................................................................
To NACC Issuing Authority
Please be advised that the Certificate of compitance for the protect at. Lot 43A Candlestick Road —
r'ileNumoer 242- 646 has been recorded at the Registry of Deeds, Northern Essex
and has Seen noted to the main of title of the atlected Proderty on 9
it reccroed tanc.:^.e instrument numoer:vntca ioentaies mts:ransacaon is
!!registered land.me cocument number watch identifies this transaction is
ADDOCant
Signature
310 CMR 10.99 TO
Form 8 DEP File No. 242- 461
Nov 5 4 12 t33 (To oe orov+oed by DEP)
,:. Commonwealth
City Town North Andover
of Massachusetts Aooncant Scott Giles
. ' Lot 43A Candlestick Road
Partial Certificate of Compliance
Massachusetts Wetlands Protection Act, C.L. c. 131, §40
From North Andover Conservation Commission Issuing Authority
To John Madden 336 Candlestick Roam N.Andnver_ _MA 01845
(Name) (Address)
Date of issuance November 3 1993
This Certificate is issued for work regulated by an Order of Conditions issued to Robert ianns7
dated 5/31/88 and issued by the biAC.0
1. Q It is hereby certified that the work regulated by the above-referenced Order of Conditions has
been satisfactorily completed.
2. It is hereby certified that only the following portions of the work regulated by the above-
refer-enced Order of Conditions have been satisfactorily completed: (If the Certificate of Compliance
does not include the entire project,specify what portions are included.)
Lot 43A Candlestick Road ONLY.
3. p It is hereby certified that the work regulated by the above-referenced Order of Conditions was
never commenced.The Order of Conditions has lapsed and is therefore no longer valid. No luture
work subject to regulation under the Act may commenced without filing a new Notice of Intent
and receiving a new Order of Conditions.
...............................................................................................................
(Leave Soace Blank)
6.1
Effec:;ve %10/E9
4. This certificate shall be recorded in the Reoistry of Deeds or the Land Court for the olstnct in
v;nicn the land is located. The Order was originally recorded on August 4, 1988 Coate)
at the Registry of Deeds, North EsGex Book , Page .Inst. #18615
Lj The following conditions of the Order shall continue: tSet forth any conditions contained In the
Final Order, such as maintenance or monitoring, which are to continue for a longer period.)
Issued by North AndAver Conservation Commission
Signature(s) s �
pwrt �0/L2��
When issued by the Conservation Commisio this Certifi /temust be signed by a majority of is members.
On this day of �� 19�. before me
personally appeared !L g- LS7C'U . to me known to be the
person described in and who executed the foregoing instrument and acknowledged that heishe executed
the same as his/her free act and deed.
t=-
otary Public My commission expires
North Andover Conservation Commission
1]etach on dotted fine and submit to the
70
NACC Issuing Autnonty
Please be advised mat the Cerdficate of Compi ance for the proieet at: T n t L'AA r nna].-s t J Q J4 $read
FiteNumoer 242— 461 has been recorded at the Registry of Deeds, Northern Essex
and has been noted to the cnain of title of the affected orot:erty on 9
It reecrneo tans,ne instrument numoe►,wrttcn.icentmes tnts x3nsatttort15
310 CMR 10.99 L,
Form 8 i
4 DEP File No. 242-461
.t�_• , g (To be Provioed by DEP)
Commonwealth City'llown North Andover
' of Massachusetts ApollCant John Magee
-
'Lot 43 Candlestick Road
PartialCertificate of Compliance
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
From North Andover Conservation Commission Issuing Authority
John Magee
To c/o Magee Construction Co, Inc. 7 Orchard Crossing, Andover, MA 01810
(Name) (Address)
Date of Issuance February 3, 1993
This Certificate is issued for work regulated by an Order of Conditions issued to Robert Janusz
dated 5/31/88 and issued by the NACC
1 . L7 It is hereby certified that the work regulated by the above-referenced Order of Conditions has
been satisfactorily completed.
2. Q It is hereby certified that only following portions of the work regulated by the above-refer-
enced Order of Conditions have been satisfactorily completed: (if the Certificate of Compliance
does not include the entire project,specify what portions are included.)
3. It is hereby certified that the work regulated by the above-referenced Order of Conditions was
never commenced.The Order of Conditions has lapsed and is therefore no longer valid. No future
work subject to regulation under the Act may be commenced without filing a new Notice of Intent
and receiving a new Order of Conditions. Lot 43 ONLY.
.................................................................... ............................................. ................
(Leave SAace Blank)
8-1
Effective 11/10/89
4. EK This certificate shall be recorded in the Registry of Deeds or the Land Court for the district in
which the land is located. The Order was originally recorded on (date)
at the Registryof Deeds, North Essex-, Book 2781 , Page 117
5 Q The following conditions of the Order shall continue: (Set forth any conditions contained in the
Final Order,such as maintenance or monitoring, which are to continue for a longer period.)
Issued by North Andover Conservation Commission
Signature(s)
r
i
When issued by the Conservation Commision this Certificate must be signed by a majority of is members.
On this c3✓'L day of l ' 19 g before me
personally appeared- i�'It ,to me known to be the
person described in and who executed the foregoing instrument and acknowledged that he/she executed
the same as his/her free act and deed.
r
NotarY Public My commission expires
Detach on dotted fine and submit to the NORTH ANDOVER CONSERVATION COMMISSION
..................................................................................................................................................................................................................
To NACC Issuing Authority
Please be advised that the Certificate of Compliance for the project at. Lot 43 Cnadlestick Road
FileNumoer 242— 461 has been recorded at the Registry of Deeds, Northern Essex
and has been notes in the chain of title of the affected procerry on . t g
It reccraea iana.the instrument numoer wrncn ioentmes tris uansactwn is
I!registerea land.the cocument numoer wnich identifies this transaction is
Signature ADDifCanf
8-2
I
-f' RILC Fityi
Dt , I. r
T Vi N i
310 CMR 10-99 NOR`)
Form 5 fEB p 4 tog00 F" 242-646
Qo to awAwo rY OEM
North,",Andover
�* Commonwealth GtyTowe
0 'of MassacnusettsaoosKani John Madden
Lot 43 Candlestick Road
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. C. 131, §40
and under the Town of North Andover's Wetlands Bylaw, Chapter 178
From NORTH ANDOVER CON4FRVATTON COMMTcRMU
To John Madden Same
(Name of Applicant) (Name of property owned
875 Greenland Rd. , Suite B-1
Address Portsmouth. N-H_ QIRni Address
This Order is issued and delivered as follows:
by hand delivery to aopficant or representative on
� � -� � (date)
❑ by certified mail. return receipt requested on (tate)
This project is located at Lot 43 CandipAtirk Rnari
The property is recorded at the Registry of Deeds, North Essex
SOoX 3289 Page 96
Certificate(if registered)
The Notice of Intent for this project was filed on January 11. 1993 (date)
The public nearing was closed on February 3, 1993 (date)
Findings
Ttie NACC has reviewed the above-referenced Notice of
Intent anc awns anc nas need a punt ic.nearing on the:role_%. Based on the information avaiiante to the
NACC at this time.the NACC has oetermsned that
the area on wnicn the proposed work is to be done is significant to the tottowmg interests in accordance with
the Presumptions of Significance Set forth in the reguiaaons:or earn Area Sublect to Protection Under the
Act(C:eck as appropriate): Ch.178❑ prevention of erosion and sedimentation
1 Pubiic water supply ❑ Flood conlrof ❑ Land containing shellfish
❑ Pnvate water supply ❑ Storm damage prevention ❑ Fisheries
❑ Ground water suppty ❑ Prevention of poilution ❑ Protection of wildlife habitat
Ch. 178 ❑ Wildlife Ct};17 EO Re e t on
Totat Fling s=ee Submt ed State Share
��tai �n
Cityi7own Share i37.5 (I/4 fee in excess of S25)
Total Refund Due S - City/Town Portion S - State Portion S
(,/z total) (1/2 total)
E!fe=:ve ,1 l'0/S9
x
#242-646 Lot 43 Candlestick Road
Therefore, the North Andover Conservation Commission (hereafter
the "NACC") hereby finds that the following conditions are
necessary, in accordance with the Performance Standards set forth
in the State Regulations, the local ByLaw and Regulations, to
protect those interests noted above. The NACC orders that all
work shall be performed in accordance with said conditions and
with the Notice of Intent referenced above. To the extent that
the following conditions modify or differ from the plans,
specifications or other proposals submitted with the Notice of
Intent, the conditions shall control.
GENERAL CONDITIONS
1. Failure to comply with all conditions stated herein, and with
all related statutes and other regulatory measures, shall be
deemed cause to revoke or modify this Order.
2. This Order does not grant any property rights or any
exclusive privileges; it does not authorize any injury to
private property or invasion of private rights.
3 . This Order does not relieve the permittee or any other person
of the necessity of complying with all other applicable federal,
state or local statutes, ordinances, by-laws or regulations.
4. The work authorized hereunder shall be completed within three
years from the date of this Order.
5. This Order may be extended by the issuing authority for one
or more periods of up to one year each upon application to the
issuing authority at least 30 days prior to the expiration date
of the Order.
6. Where the Department of Environmental Protection is requested
to make a determination and to issue a Superseding Order, the
Conservation Commission shall be a party to all agency
proceedings and hearings before the Department.
7. The proposed work includes a single family home and
appurtenances.
8. The work shall conform to the following (except as noted in
the remainder of this document where revisions may be required) :
(a) Notice of Intent filed by Tom Neve dated 1/11/93.
(b) Plans prepared by Tom Neve dated 5/5/89, revised 1/27/93.
9. The following wetland resource area are affected by the
proposed work: buffer zone, bordering land subject to flooding
and bordering vegetated wetland. These resource areas are
significant to the interests of the Act and Town Bylaw as noted
3
above. These resource areas are also significant to the
recreational and wildlife interests of the Bylaw. The applicant
has not attempted to overcome theresum tion of significance of
P P g
these resource areas to the identified interests.
10. The NACC agrees with the applicant's delineation of the
wetland resource areas on the site as shown on the plans.
11. Issuance of these Conditions does not in any way imply or
certify that the site or downstream areas will not be subject to
flooding or storm damage.
12. The conditions of this decision shall apply to, and be
binding upon, the applicant, owner, its employees and all
successors and assigns in interest or control.
13. This Order of Conditions is issued as a substitution for
those issued under File No. 242-461 which has expired.
PRIOR TO CONSTRUCTION
14. No work shall be undertaken until all administrative appeal
periods from this Order have elapsed or, if such an appeal has
been filed, until all proceedings before the Department or Court
have been completed.
15. This Order shall be recorded by the applicant at the
Registry of Deeds immediately after the expiration of all appeal
periods. No work shall be undertaken until the Final Order has
been recorded in the Registry of Deeds or the Land Court for the
district in which the land is located, within the chain of title
of the affected property. In the case of recorded land, the
Final Order shall also be noted in the Registry's Grantor Index
under the name of the owner of the land upon which the proposed
work is to be done. In the case of registered land, the Final
Order shall also be noted on the Land Court Certificate of Title
of the owner of the land upon which the proposed work is to be
done. The recording information shall be submitted to the North
Andover Conservation Commission on the form at the end of this
Order prior to commencement of the work.
16. A sign shall be displayed at the site not less than two
square feet or more than three square feet in size bearing the
words, "Massachusetts Department of Environmental Protection,
File Number 242-64611.
17. Any changes in the submitted plans caused by the applicant,
another Board's decision or resulting from this Order of
Conditions must be submitted to the NACC for approval prior to
implementation. If the NACC finds said changes to be
significant, the NACC will call for another public hearing (at
4
the expense of the applicant) . Within 21 days of the close of
said public hearing the NACC will issue an amended or new Order
of Conditions. Any errors found in the plans or information
submitted by the applicant shall be considered as changes. The
proposed project may be still under review by other local or
state boards or agencies. This may result in changes to the
project plans or wetland impacts. If any such changes occur a
revised plan and an explanation of the revisions shall be
submitted to the NACC for review and approval prior to the start
of construction. No work shall begin on a project until written
approval has been granted by the NACC.
18. The applicant shall contact the Conservation office prior to
site preparation or construction and shall arrange an
conference with an NACC representative, the contractor and the
applicant to ensure that all of the Conditions of this Order are
understood. This Order also shall be made a part of the
contractor's written contract. The applicant or contractor shall
notify the NACC in writing of the identity of the on-site
construction supervisor hired to coordinate construction and to
ensure compliance with this Order.
19. The applicant shall submit a construction schedule/sequence
to the NACC detailing the proposed sequence of work on site to
complete this project.
20. Wetland flagging shall be checked prior to start of
construction and shall be re-established where missing so that
erosion control measures can be properly placed and wetland
impacts can be monitored.
21. A row of staked hay bales backed by a siltation fence shall
be placed between all construction areas and wetlands. The
erosion control barrier will be properly installed and placed as
shown on plan and shall be inspected and approved by the NACC
prior to the start of construction and shall remain intact until
all disturbed areas have been permanently stabilized to prevent
erosion. All erosion prevention and sedimentation protection
measures found necessary during construction shall be implemented
at the direction of the NACC.
22. The applicant shall have on hand at the start of any soil
disturbance, removal or stockpiling, a minimum of twenty-five
(25) hay bales and sufficient stakes for staking these bales (or
an equivalent amount of silt fence) . Said bales shall be used
only for the control of emergency erosion problems, and shall not
be used for the normal control of erosion.
23. A proper bond or a deposit of money running to the Town of
North Andover shall be provided in the amount of $3,000.00 which
shall be in all respects satisfactory to Town Counsel, Town
Treasurer, and the NACC, and shall be posted with the North
5
Andover Town Treasurer before commencement of work. Said bond or
deposit of money shall be conditioned on the completion of all
conditions hereof, shall be signed by a party or parties
satisfactory to the NACC, and Town Counsel, and shall be released
after completion of the project, provided that provision,
satisfactory to the NACC, has been made for performance of any
conditions which are of continuing nature. The applicant may
propose a bond release schedule keyed to completion of specific
portions of the project for the NACC's review and approval. This
condition is issued under the authority of the local Bylaw.
DURING CONSTRUCTION
24. Any fill used in connection with this project shall be clean
fill, containing no trash, refuse rubbish or debris, including
but not limited to lumber, bricks, plaster, wire, lath, paper,
cardboard, pipe, tires, ashes, refrigerators, motor vehicles or
parts of any of the foregoing.
25. No exposed area shall remain unfinished for more than thirty
(30) days, unless approved by the NACC.
26. No regrading in the buffer zone shall have a slope steeper
than 2: 1 (horizontal:vertical) . Slopes of steeper grade shall be
rip-rapped to provide permanent stabilization.
27. There shall be no stockpiling of soil or other materials
within twenty-five (25) feet of any resource area.
28. Washings from concrete trucks, or surplus concrete, shall not
be directed to, any drainage system or wetland resource area.
29. All waste generated by, or associated with, the construction
activity shall be contained within the construction area, and
away from any wetland resource area. There shall be no burying
of spent construction materials or disposal of waste on the site
by any other means. The applicant shall maintain dumpsters (or
other suitable means) at the site for the storage and removal of
such spent construction materials off-site.
30. Accepted engineering and construction standards and
procedures shall be followed in the completion of the project.
31. Members of the NACC or its agent shall have the right to
enter upon and inspect the premises to evaluate and/or effect
compliance with this Order of Conditions. The NACC reserves the
right to require, following field inspection, additional
information or resource protection measures.
6
32. During and after work on this project, there shall be no
discharge or spillage of fuel, or other pollutants into
any wetland resource area. If there is a spill or discharge of
any pollutant during any phase of construction the NACC shall be
notified by the applicant within one (1) business day. No
construction vehicles are to be stored within 100 feet of wetland
resource areas, and no vehicle refueling, equipment lubrication,
or maintenance is to be done within 100 feet of a resource area.
AFTER CONSTRUCTION
33. No underground storage of fuel oils shall be allowed on any
lot within one-hundred (100) feet of any wetland resource area.
This Condition shall survive this Order of Conditions, and shall
run with the title of the property. This condition is issued
under the authority of the Town's Wetland Protection ByLaw.
34. Fertilizers utilized for landscaping and lawn care shall be
organic and low-nitrogen content, and shall be used in
moderation. Pesticides and herbicides shall not be used within
100 feet of a wetland resource area. This condition is issued
under the authority of the Town's Wetland Protection ByLaw.
35. Upon completion of construction and grading, all disturbed
areas located outside resource areas shall be stabilized
permanently against erosion. This shall be done either by
loaming and seeding according to SCS standards. If the latter
course is chosen, stabilization will be considered complete once
vegetative cover has been achieved.
36. Upon completion of the project, the applicant shall submit a
letter to the NACC from a Registered Professional Civil Engineer
or Land Surveyor certifying compliance with this Order of
Conditions and the approved plans referenced herein (or approved
revisions) . A letter from a qualified wetland scientist
certifying compliance with local/state regulations is also
required for the wetland replication/restoration area. A stamped
"As-Built" plan of all areas within the jurisdiction of the
Wetlands Protection Act and Bylaw shall be submitted when a
Certificate of Compliance is requested. This plan will include:
a. Distances from structures to wetlands.
b. A line showing the limit of work. "Work" includes
any disturbance of soils or vegetation.
37. The following special conditions shall survive the issuance
of a Certificate of Compliance for this project:
32 . Discharge or spillage of pollutants.
33 . Prohibition of storage of fuels underground.
34 . Limitations on the use of fertilizers, herbicides
and pesticides.
Issued By North Andover Conservation Commission
Signature(s)
�.
This Order must be signed by a majority of the Conservation Commission.
On this day of 10aeqw le 19 63 before me
personally appeared_ to L-neAE 'iknC H , to me known to be the
person described in and who executed the foregoing instrument and acknowledged that he:she executed
the same as his/her free act and deed.
Notary Public My commission expir
The apolicant,the owner.any person aggrieved by this Order,any owner of land abutting the land upon which the proposed work is to be
done.or any ten residents of the city or town in which such land is located,are hereby notified of their right to request the Department of
Environmental Protection to issue a Superseding Order,providing the request is made by certified mail or hand delivery to the Department.
with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.030,within ten days from the date of issuance of this
Determination.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission
and the applicant.
If you wish to appeal this decision under the Town Bylaw, a complaint
must be filed in Superior Court.
Detach on dotted line and submit to the North Andover Conservation Comm. prior to commencement of work.
....................................................................... .................. ................ ........................................................................................
To North Andover Conservation Comm. !ssuing Autnorrty
Please be advised that the Order of Conditions for the project at Lot 43 Candlestick Road
F,!e Number 242- 646 has been recorded at the Reotstry of Deeds, North Essex and
has been noted in the chain of tide of the affected property to accordance with General Condition 8 on . 19
If recorded land. the instrument number which tdenofies this Varlsa=On 13
If registered land. the document number which identifies this transaction is
Stcnature - ;Acot+can'
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